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Colorado Juvenile Expungement – Sealing Of Juvenile Records

by Colorado Juvenile Criminal Lawyer for the Expungments of Juvennile Records

Introduction – Colorado juvenile criminal records remain available if they are not sealed – expunged.  Their impact – in background checks today cannot be understated.  They are not automatically erased when you turn 18. In certain cases juveniles have the right and opportunity to seal or expunge arrest and court records.

The instructions and analysis of the law is found below as well as links to the location of the forms should you decide to attempt at self help to seal the records yourself.  You have the right to self help – meaning you should be able to do this without the need for a lawyer.

Colorado Juvenile Expungement Rules. In Colorado, juvenile court records may be expunged under certain circumstances.  Here are the State Based instructions on the when = the why and the how to seal Colorado juvenile records.

The How:

Under the Colorado Children’s Code, a person may request their juvenile record to be expunged (sealed from public access) by filing a Petition for Expungement of Records in each case in the District Court.

A Petition may be filed to expunge a record only once during any 12-month period.

If a Juvenile was charged by a direct filing in the District Court as an Adult, but he/she was sentenced as a Juvenile, a Petition for Expungement of Records can be filed in the District Court criminal (CR) case.

Not ALL Colorado Juvenile Records Can Be Expunged

You are eligible to Petition for an expungement order:

1. Immediately, if you were found not guilty at trial.

2. After one year, if you were given a ticket or were arrested, but no further action was taken; or you completed a juvenile diversion program or informal adjustment.

3. After four years, if the Court has terminated jurisdiction; or you were unconditionally released from commitment to the department of human services; or you were unconditionally released from parole supervision.

4. After ten years, if you have been adjudicated a repeat or mandatory juvenile offender, and the Court has terminated jurisdiction or you are unconditionally released from parole supervision, whichever date is later.

You are NOT eligible to Petition for an expungement order if:

1. You were adjudicated for an offense involving unlawful sexual behavior as defined in 16-22-102(9), C.R.S.; or

2. You were adjudicated an aggravated juvenile offender; or

3. You were adjudicated a violent juvenile offender; or

4. You were adjudicated for an offense that would be a crime of violence if committed by an adult;

 or

5. You were charged by the direct filing of an indictment or information in district court as a juvenile and you received an adult sentence.

MOST IMPORTANT – This Is Not A Lock

A judge can still decide NOT to expunge your juvenile history – this is not a rubber stamp.

“If at the time of the hearing on the Petition, the Court finds that:

.. You have no felony or misdemeanor convictions, nor any delinquency adjudication since the termination of the Court’s jurisdiction, or your unconditional release for parole supervision; and

.. There are no criminal or delinquency actions pending against you;

and

.. You have rehabilitated to the satisfaction of the Court;

and

.. The Court finds that the expungement is in your best interest and the best interest of the community.”

Then, the Court will – most likely GRANT the expungement.

Expungement Means You Can LEGALLY Misrepresent Your Juvenile Record 

Juvenile records remain accessible even if the case is closed, or dismissed, unless the Court has signed an Order of Expungement of Juvenile Records. This Order directs the Court to expunge your record, which means that you, the agency and the Court may properly indicate that no record exists.

The Records Do Not Literally Get Shredded.. They Are Just Hidden From The Public

If your case is ordered expunged, basic information identifying you and a list of any state and local agencies and officials having contact with you, will be available to a district attorney, local law enforcement agency, and the department of human services. In addition, your record will be available to any judge or probation department for use in any future juvenile or adult sentencing hearing.

The Laws Governing Juvenile Expungement in Colorado are found at Colorado Revised Statute -Section 19-1-306, C.R.S.

Documents you need to file are

The Petition for Expungement of Records (JDF 302).

The  Notice of Hearing on Petition for Expungement (JDF 303)

and ..

The Order of Expungement of Records (JDF 304)

To access these forms online go to http://www.courts.state.co.us/Forms/SubCategory.cfm?Category=Juvenile

The forms are available in PDF or WORD under the Criminal/Juvenile – Expungements section. You may complete a form online or you may print it and type or print legibly in black ink.

GOOD LUCK!  – H. Michael Steinberg


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___________________________
H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
Colorado Criminal Law For Over 30 Years.
DTC Quadrant Building
5445 DTC Parkway, Penthouse 4
Greenwood Village, Colorado, 80111
Primary Web Site:  http://www.HMichaelSteinberg.com
Colorado Criminal Law Blog:  www.Colorado-Criminal-Lawyer-Online.com
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